Rule 10 - Amended and Supplemental Pleadings(a) AMENDMENTS BEFORE TRIAL.(1)Court's Leave Required. A party may amend its pleading only with the court's leave. The court should freely give leave when justice requires it.(2)Amending Dismissed or Stricken Pleading. If a pleading is dismissed or stricken with leave to amend, an amended pleading must be filed within 21 days unless otherwise ordered by the court.(b) AMENDMENTS DURING AND AFTER TRIAL.(1)Based on an Objection at Trial. If, at trial, a party objects that evidence is not within the issues raised in the pleadings, the court may permit the pleadings to be amended. The court should freely permit an amendment when doing so will aid in presenting the merits and the objecting party fails to satisfy the court that the evidence would prejudice that party's action or defense on the merits. The court may grant a continuance to enable the objecting party to meet the evidence.(2)For Issues Tried by Consent. When an issue not raised by the pleadings is tried by the parties' express or implied consent, it must be treated in all respects as if raised in the pleadings. A party may move-at any time before the decree is issued-to amend the pleadings to conform to the evidence and to raise an unpleaded issue. But failure to amend does not affect the result of the trial of that issue.(c) SUPPLEMENTAL PLEADINGS. On motion and reasonable notice, the court may, on just terms, permit a party to serve a supplemental pleading setting out any transaction, occurrence, or event that happened after the date of the pleading to be supplemented.Adop. R. Sup. Ct. D.C. 10
COMMENT
This rule includes provisions previously found in Rule 15. Other than issues tried by consent under subsection (b)(2), a party may only amend or supplement a pleading with the court's permission.